chuck hagel has been nominated. and john brennan as cia director. >> justice department memo obtained reveals government officials don't need court order or charge you with a crime. they simply have to determine you are a terror leader and a serious threat to the u.s. law makers are raising concerns. peter ducey has more. >> reporter: democrats and republicans think it's okay if that person has aligned themselves with terrorists trying to attack america. there's disagreement about when it's okay to make that order. republican senator said this morning no american should be executed without a trial. should never get to decide someone's death by flipping through flash cards and saying you want to kill him? i don't know. yeah. let's kill him. agrees decisions should be made by more than one person. i think some independent check on the executive is healthy. according to democrat senator. >> we're going to hold hearings to work on this element. how to mesh the constitutional principle wills and values. >> but any trial